United States: Professional Negligence

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Supreme Court Confirms That State Affidavit-of-Merit Laws Don't Apply In Federal Court

About half of U.S. states have enacted affidavit-of-merit (or certificate-of-merit) requirements for malpractice cases against licensed professionals like doctors or lawyers.

United States Litigation

Wa

Ward and Smith, P.A.

No Room For Assumptions: Oregon Supreme Court Reinforces Strict Standard For Tort Waivers

As parties increasingly seek to limit liability through contractual disclaimers, the Oregon Supreme Court has issued a clear reminder: tort waivers must be stated in unmistakable terms to be enforceable.

United States Litigation

CO

Cozen O'Connor

Supreme Court Hears Arguments Regarding President Trump's Attempt To Remove Lisa Cook From The Fed Board Of Governors

The U.S. Supreme Court recently heard oral arguments in Trump v. Cook, involving the issue of whether the President may remove Lisa Cook as a member of the Board of Governors of the Federal Reserve Board.

United States Litigation

BS

Ballard Spahr LLP

Trial Evidence—Not Summary Judgment Papers—Control On Appeal

Navigating the transition from Trial Evidence vs Summary Judgment is critical for success in Commercial Litigation Chicago. This post explores how summary judgment motions Illinois...

United States Litigation

PL

Patterson Law Firm

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

United States Litigation

DM

Duane Morris LLP

What Events Should I Expect In A Lawsuit?

United States Litigation

BB

Beresford Booth

Kentucky Supreme Court Clarifies Privilege For Hospital Incident Reports And Root Cause Analyses

United States Litigation

SH

Stites & Harbison PLLC

A Claim About When Elite Representation Goes Wrong: Legal Malpractice And Fiduciary Breach

United States Litigation

PL

Patterson Law Firm

My Neighbor Has A Dangerous Tree

United States Litigation

BB

Beresford Booth

Fourteenth Court Of Appeals Reaffirms Standard To Establish Exclusive Remedy Defense Under The Texas Workers' Compensation Act

United States Litigation

BB

Baker Botts LLP

State Farm Fire And Casualty Company v. Curtis Diblin

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Legal Risks In Horse Boarding Contracts Under North Carolina Law And How To Avoid Them

United States Real Estate

Wa

Ward and Smith, P.A.

When Shareholder Disputes Lead To Legal Malpractice Claims

United States Commercial

PL

Patterson Law Firm

Litigation Risk Across Supply Chains: Court Allows Forced Labor Claims Against U.S. Tuna Company To Proceed

United States Litigation

JD

Jones Day

How The GENIUS Act Is Reshaping Stablecoin Regulation And Emerging Financial Disputes

United States Litigation

J

JAMS

401(k) And IRA Contribution Limits For 2026: Retirement Savings, Adjustments For Inflation, And SECURE 2.0 Changes American Taxpayers Must Know About

United States Tax

RS

Rotfleisch & Samulovitch P.C.

Food Venture Financing News – Weekly Issue No. 265

United States Healthcare

DW

Davis Wright Tremaine

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

The Empty Chair At Johannesburg: What It Says About US Power

United States International

SJ

Steptoe LLP

Teacher's $10 Million Jury Award In School Shooting Case Highlights Administrators' Duties To Heed Violence Threats

An elementary school teacher shot by a six-year-old student was recently awarded $10 million in damages by a jury in Virginia, according to multiple reports.

United States Employment

OD

Ogletree, Deakins, Nash, Smoak & Stewart

California Appellate Decision Solidifies Rule On Standing For Opposing Motions For Summary Judgment By Co-Defendants

The Second Appellate District's recent opinion in Bean v. City of Thousand Oaks confirmed a clear rule that co-defendants may oppose another defendant's motion for summary judgment...

United States Litigation

CH

Clark Hill

Brown v. GlobalLogic And Oracle: Key Allegations, Oracle E‑Business Suite, And What It Means For Customers

A new class action filed in the Western District of Texas alleges that GlobalLogic Inc. and Oracle Corporation failed to protect highly sensitive personal information associated with GlobalLogic's workforce.

United States Litigation

TG

Tactical Law Group LLP

Lessons From ERP Lawsuits: Key Contract Provisions And Litigation Themes

Enterprise Resource Planning (ERP) software is meant to unify a company's core functions — finance, inventory, HR, sales, and operations — into one seamless system.

United States Litigation

TG

Tactical Law Group LLP

Illinois Federal Court Allows Plaintiffs To Proceed In Data Breach Class Action Anonymously

United States Litigation

DM

Duane Morris LLP

New York Court Of Appeals Upholds Long-Standing Tort Law Regarding Medical Malpractice Damages

United States Healthcare

GT

Greenberg Traurig, LLP

Does Insurance Cover California Employers For Intentional Acts Of Employee Violence?

United States Litigation

BT

Barnes & Thornburg LLP

State Tort Liability For Nuclear Incidents?

United States Litigation

BD

Beveridge & Diamond

Our Approach To Kaiser Medical Malpractice Claims

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

U.S. Supreme Court Agrees To Address Preemption Of Freight Broker Negligence Claims

United States Transport

DM

Duane Morris LLP

Sword Or Shield? Using Your Contract To Mitigate Risk

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

A Seat At The Table: Third Parties And Exclusive Jurisdiction Clauses

United States Litigation

AO

A&O Shearman

Every Victory Is A New Beginning: U.S. Supreme Court Agrees To Consider Freight Broker Liability

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Recent Mass. Chapter 93A Case Highlights Key Distinctions Between Sections 9 And 11

United States Litigation

GT

Greenberg Traurig, LLP

Sword Or Shield? Using Your Contract To Mitigate Risk

Professional services agreements often are treated as a formality—boilerplate documents signed at the outset of an engagement and then forgotten.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

A Seat At The Table: Third Parties And Exclusive Jurisdiction Clauses

The High Court has looked at when a third party can rely on (and be bound by) an exclusive English jurisdiction clause in Campeau v Gottex.

United States Litigation

AO

A&O Shearman

Every Victory Is A New Beginning: U.S. Supreme Court Agrees To Consider Freight Broker Liability

On Friday, October 3, 2025, the United States Supreme Court announced that it will provide vital guidance regarding the extent to which freight brokers...

United States Litigation

B

Benesch Friedlander Coplan & Aronoff LLP

Recent Mass. Chapter 93A Case Highlights Key Distinctions Between Sections 9 And 11

In Sentinel Ins. Co., Ltd. v. Broan-Nutone, LLC, 2025 U.S. Dist. LEXIS 184988, the plaintiff (the Insurer), as subrogee of the Assembly of Christians Gospel Hall Association (the Insured)...

United States Litigation

GT

Greenberg Traurig, LLP

In California, Late Payment Of Arbitration Fees May Be Excusable

United States Litigation

MP

Manatt, Phelps & Phillips LLP

To Admit Negligence Or Not To Admit Negligence

Civil defense litigators are often faced with the dilemma of whether to admit negligence or contest liability on all issues. In cases where liability is relatively clear, defense counsel...

United States Litigation

mm

Maron Marvel Bradley Anderson & Tardy

Texas Supreme Court Clarifies Proximate Cause In A Catastrophic Highway Accident – Werner Enterprises, Inc. v. Blake

On June 27, 2025, the Texas Supreme Court issued its opinion in Werner Enterprises, Inc. v. Blake, No. 23-0493, providing significant guidance on the doctrine of proximate...

United States Litigation

CT

Cowles & Thompson, PC

Massage Facility Franchisor Has No Liability To Sexual Assault Victim Of Franchisee's Employee – Texas Supreme Court Rules

On May 2, 2025, the Texas Supreme Court, in a per curiam opinion in Massage Heights Franchising, LLC v. Danette Hagman, reversed a Houston Fourteenth Court of Appeals decision in part...

United States Litigation

CT

Cowles & Thompson, PC

The Double-Edged Sword Of Chapter 93A, Section 11 In Massachusetts Business Litigation

One of the most potent tools in Massachusetts commercial litigation is Chapter 93A, § 11 of the Massachusetts General Laws. Designed to deter "unfair" or "deceptive" conduct...

United States Litigation

NM

Nelson Mullins Riley & Scarborough LLP

The Evolving Landscape Of Kitchen Countertop Silicosis Litigation In The U.S.

United States Litigation

DK

Deutsch Kerrigan

Are Automakers Liable For Crime-Driven Costs? Ninth Circuit Certifies Question To New York High Court

United States Litigation

D

Dechert

Take-Aways From Accountants' Liability 2025 Conference: Navigating The Changing Regulatory Landscape And Risks From Emerging Technologies

United States Litigation

SH

Stites & Harbison PLLC

With The Exception Of Handling Concursus Proceedings, State Courts Should Be Deemed To Have Jurisdiction To Adjudicate All Limitation Of Liability Issues Under The Shipowner's Limitation Of Liability Act

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

LITIGATION UPDATE: Actual Responsibility And Substantial Factor Causation In The Wake Of Werner v. Blake: A Win For Commercial Drivers And Their Employers

United States Litigation

KR

Kane Russell Coleman Logan

Defending Under A Reservation Of Rights: Practical Insights For Insurers From The US

United States Insurance

AA

Adams & Adams

By Any Other Name: Rules Limiting Alternative Pleading In Professional Liability Actions

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

What Can Happen When The Failure To Provide Discovery Crosses The Line? - New Jersey Law Journal

United States Litigation

PB

Porzio, Bromberg & Newman

New Louisiana State Legislation Rolls Back Advantages Long Afforded To Personal Injury Claimants

United States Litigation

JW

Jones Walker

Walters v. OpenAI, L.L.C.

United States Litigation

LL

Loeb & Loeb LLP

Driving Change: How Litigation Against Amazon Is Making Our Roads Safer

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Minnesota Supreme Court Upholds Enforceability Of Contract Release Language Against Negligence Claims

United States Litigation

GT

Greenberg Traurig, LLP

Understanding Your Rights: When Can You Sue Your HOA?

United States Litigation

LS

LS Carlson Law

Update Your Construction Contract! Massachusetts Supreme Judicial Court Holds That Breach Of Contractual Indemnity Provision Is Not Barred By The Statute Of Repose

United States Real Estate

CK

Conn Kavanaugh Rosenthal Peisch & Ford

Florida Legislature Ends 35-Year Ban On Lawsuits For Certain Wrongful Deaths Caused By Medical Malpractice

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

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Printable Step-By-Step Guide On What To Do After A Car Accident (Video)

Wa

Ward and Smith, P.A.

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